Act No. 392 / 2005 Coll.
Act amending Act No. 258 / 2000 Coll., on the Protection of Public Health and on the amendment of certain related laws, as amended, and certain other laws
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Law
Effective from 27.09.2005
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392
THE LAW
of 19 August 2005
amending Act No. 258 / 2000 Coll., on the Protection of Public Health and on the amendment of certain related laws, as amended, and certain other laws
Parliament has decided on this law of the Czech Republic:
Amendment to the Public Health Protection Act
Act No. 258 / 2000 Coll., Act No. 76 / 2002 Coll., Act No. 86 / 2002 Coll., Act No. 120 / 2002 Coll., Act No. 309 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 274 / 2003 Coll., Act No. 356 / 2003 Coll., Act No. 362 / 2003 Coll., Act No. 167 / 2004 Coll., Act No. 326 / 2004 Coll., Act No. 562 / 2004 Coll., Act No. 125 / 2005 Coll. and Act No. 253 / 2005 Coll., is amended as follows:
1. Paragraph 1, including footnote 1, reads as follows:
This law implements the relevant provisions of the European Community1) and provides for
(a) the rights and obligations of natural and legal persons in the field of the protection and promotion of public health;
(b) the system of public health authorities, their competence and competence.
1) Council Directive 76 / 768 / EEC of 27 July 1976 on the approximation of the laws of the Member States on cosmetic products, as amended by Commission Directive 2003 / 80 / EC of 5 September 2003 establishing a symbol for the indication of the durability of cosmetic products in Annex VIIIa to Council Directive 76 / 768 / EEC. Commission Directive 80 / 1335 / EEC of 22 December 1980 on the approximation of the laws of the Member States on the analytical methods necessary for checking the composition of cosmetic products, as amended by Commission Directive 96 / 45 / EEC of 2 July 1996 on methods of analysis necessary for checking the composition of cosmetic products. Commission Decision 96 / 335 / EC of 8 May 1996 establishing the inventory and common nomenclature of additives used in cosmetic products. Council Directive 98 / 83 / EC of 3 November 1998 on the quality of water intended for human consumption. Council Directive 76 / 160 / EEC of 8 December 1975 on bathing water quality, as amended by Directive 91 / 692 / EEC of 23 December 1991 on the standardisation and rationalisation of reports on the implementation of certain Directives relating to the environment. Directive 2000 / 54 / EC of the European Parliament and of the Council of 18 September 2000 on the protection of workers from the risks associated with exposure to biological agents at work. Council Directive 83 / 477 / EEC of 19 September 1983 on the protection of workers from exposure to asbestos at work, as amended by Directive 2003 / 18 / EC of the European Parliament and of the Council of 27 March 2003. Council Directive 93 / 43 / EEC of 14 June 1993 on the hygiene of foodstuffs. Council Directive 89 / 109 / EEC on the approximation of the laws of the Member States concerning materials and articles intended to come into contact with foodstuffs. Commission Directive 2004 / 19 / EC of 1 March 2004 supplementing Directive 2002 / 72 / EC with regard to plastics and plastic products in contact with foodstuffs. Decision 2119 / 98 / EC of the European Parliament and of the Council of 24 September 1998 establishing a network of epidemiological surveillance and control of communicable diseases in the Community. Decision of the European Commission of 17 July 2003 amending Decision 2000 / 96 / EC as regards the determination of the surveillance of selected infections. '
footnote 1 shall be renumbered footnote 2, including the footnote references.
2. In Article 2 (11), the words "a product which intends to place on the market or put into circulation 'are replaced by the words" or has ordered a product which intends to place on the market or in circulation (4c) under its name'; the words "a company 'shall be inserted after the word', the name 'and the words' no provision 'shall be inserted after the word' no provision of the European Communities';
Footnote 4c reads:
"4c) § 2 (p) of Act No. 110 / 1997 Coll., on Food and Tobacco Products and amending and supplementing certain related acts, as amended by Act No. 316 / 2004 Coll. '.
3. In Article 3 (2) at the end of point (d), the words "food service facilities' shall be inserted after the words" equipment '.
4. Paragraph 3 (3) reads as follows:
"(3) Hot water supplied as part of a person's business or other activity by a legal person shall comply with the hygiene limits of microbiological, biological, physical, chemical and organoleptic quality indicators covered by the implementing legislation; the hot water manufacturer is responsible for fulfilling this obligation. Thermal water supplied by a utility water pipeline or internal water odmo6a), which are constructively connected by a mixing battery with a drinking water pipeline, can only be produced by the manufacturer from drinking water. Where non-compliance with the hygiene limit of hot water is caused by internal water-solubility (6a) and is a construction in which hot water is supplied to the public, the hot water producer, the customer and other persons in a similar position shall proceed mutatis mutandis in accordance with the fourth and fifth sentences of Paragraph 4 (5). ';
5. In Article 3a (6), the words "and the assessment of health risks referred to in Article 2 (2) 'shall be added at the end.
6. In the first sentence of Article 3a (8), the words "the authorisation referred to in Article 3 (4), first and second sentences and the conditions thereof," shall be inserted after the words "to inform on."
7. In the first sentence of Article 4 (3), the words "sampling points' are replaced by the words" method of determining sampling points'.
8. In the first sentence of Article 5 (2), the words "the holder of an accreditation certificate (4a) or (u) 'shall be inserted after the words" ensure u'.
9. In the first sentence of Article 6 (1), the words "and associated operational areas with equipment 'shall be inserted after the words" for the public'.
10. in Article 6 (3), point (a) is deleted;
Points (b) to (e) shall be renumbered as points (a) to (d).
11. in Article 6 (3) (a), the words "compliance with the obligation referred to in (a), its assessment" shall be replaced by the words "bathing water quality covered by the implementing legislation."
12. in Article 6 (3) (c), the words "artificial swimming pool or sauna, or outdoor swimming pool, if the water is treated," shall be inserted after the words "water treatment."
13. in Article 6 (3) (d), "(b)" is replaced by "(a)";
14. in Article 6 (4), the following point (a) is added:
"(a) ensure that the water in the pool of artificial swimming pools or saunas complies with the hygiene limits of the quality indicators regulated by the implementing legislation and that the water in the showers of artificial swimming pools or saunas complies with the requirements laid down in § 3 (3);"
Points (a) to (d) shall be renumbered (b) to (e).
15. in Article 6, the following paragraph 6 is inserted after paragraph 5:
"(6) A person operating a swimming pool in the wild is required to clearly indicate the bathing pool of information on this fact if the bathing water quality does not comply with the specified hygiene limits. A person operating an artificial swimming pool or sauna shall be obliged to stop the operation of an artificial swimming pool or sauna until the defect has been corrected. ';
Paragraphs 6 and 7 shall be renumbered paragraphs 7 and 8.
16. in Paragraph 6 (7):
"(7) The obligations referred to in points (a) and (d) of paragraph 3 and in paragraph 5 shall also apply to persons who operate in buildings and facilities adjacent to surface water used for bathing natural persons or to accommodation services in accommodation facilities, with the exception of persons providing accommodation in housing, in family houses and in buildings for individual recreation (8b), and in advertising or other offer of their services to consumers, indicating this possibility of bathing in surface waters used for bathing."
17. in Paragraph 6 (8), the words "in cooperation with the Ministry of Health" shall be inserted after the words "Ministry of the Environment."
18. in Paragraph 7 (1), the words "Basic and secondary schools (9), preschool and school establishments included in the network of preschool institutions, schools and school establishments (10), with the exception of the school library and pedagogy-psychological counselling," shall be replaced by the words "Schools and school establishments (9), registered in the school register (10), with the exception of establishments for further education of pedagogy staff, school counselling and school meals," and the words "and cleaning" shall be replaced by the words "cleaning and laundry management."
footnotes 9 and 10 are as follows:
"9) § 7 of Act No. 561 / 2004 Coll., on Pre-School, Basic, Medium, Higher Vocational and Other Education (Education Act).
10) Sections 7 (6) and 141 of Act No. 561 / 2004 Coll. '
19. in Article 7 (2), the words "or, where appropriate, the method of handling the laundry" shall be deleted;
20. In the first sentence of Paragraph 8 (2), the word "organised 'shall be replaced by" accepted children on'.
21. in Article 8, paragraph 5 is deleted;
22. in Paragraph 9 (1) of the Introductory Part of the Provisions, the words "Primary school and pre-school establishments" are replaced by the words "Primary school and primary school."
23. in Article 9 (3), the words "pre-school establishments" are replaced by the words "nursery schools."
24. in Article 9 (4), the words "Primary school and pre-school establishments," shall be replaced by "Primary school and primary school,"
25. in Article 10 (2), the words "sending pre-school establishments," shall be replaced by the words "sending nursery schools,"
26. In Article 10 (3), the word "preconditions' is replaced by" requirements laid down ', the words "(Article 19)' are replaced by the words" Article 19 (2) and (3), first sentence ', and at the end of paragraph 3, the sentence "The competent public health protection authority shall act under Article 19 (3)' is added.
27. In the heading under Section 11, the words "school and pre-school establishments' are replaced by the words" and nursery schools'.
28. In Article 11 (1), the words "school and pre-school establishments' are replaced by the words" or nursery school ';
29. in Article 19 (1), the words "and water supply 6a)" shall be inserted after the words "water treatment."
30. In the first sentence of Article 19 (2), the words "natural persons coming into direct contact with water in the course of their working activities in water treatment plants and in the operation of water ducts (6a) 'shall be inserted after the words" cosmetic products' and the words "their ingredients (§ 28 (1)) 'shall be deleted;
31. in Article 24 (1) (a), the words "to health, quality, purity and labelling," shall be deleted;
32. in Article 24 (1) (g):
"(g) comply with the procedure laid down in the implementing legislation when samples are taken and stored;"
33. In Article 24, at the end of paragraph 1, the dot is replaced by a comma and the following point (l) is added:
"(l) to provide staff carrying out activities with an epidemiological level of regular training to obtain and maintain the knowledge necessary to protect public health; keep a record of the training. ';
34. in Paragraph 25 (1) (a), including footnote 27b:
"(a) materials and articles intended to come into contact with foodstuffs covered by the directly applicable Regulation of the European Community27b),
(b) Regulation (EC) No 1935 / 2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles intended to come into contact with food and repealing Directives 80 / 590 / EEC and 89 / 109 / EEC. ';
35. In the title under Section 26, the word "seller 'shall be inserted after the word" importer'.
36. In Article 26 (1) of the Introductory Part of the provision, the words "unless otherwise provided in the directly applicable regulation of the European Communities' shall be inserted after the words" must '.
37.In Paragraph 26 (1) (d), "4" is replaced by "5."
38. In Paragraph 26 (2), the word "Importer 'is replaced by the words" Unless otherwise provided in the directly applicable regulation of the European Communities, importers'.
39. at the end of Paragraph 26 (2), the sentence "The importer may object in writing to a measure of a competent public health authority issued under point (b) within 3 days of its receipt or oral notification; a record of the oral notification of the measure shall be made by the public health authority, a copy of which shall be issued by the importer. Any objections raised shall be decided by the superior public health authority within 30 days of their receipt. On the basis of objections, the superior public health authority shall amend or withdraw the measure or reject it and confirm the measure. No appeal may be lodged against the decision on objections. '
40. In Article 26 (3), the sentence "Distributor4a) shall not be inserted before the first sentence of Article 26 (3), to distribute those articles of common use referred to in Article 25 (1) (c) and (d) placed on the market which do not comply with this Act, which are not marked and equipped with a written declaration, instruction for use or, where applicable, service and cleaning. 'and at the end of the paragraph, the sentence" Articles of normal use with an expired date of minimum durability shall be placed separately and clearly marked with an indication of the end of the minimum durability period; these products may only be sold if they are safe 26a.';
Footnote 29a reads:
"29a) § 2 (1) (b) of Act No. 634 / 1992 Coll., on Consumer Protection. '.
41. In the second sentence of Article 26 (4), the words "a product which, in its final state, is intended to come into contact with food or foodstuffs or is in contact with food or dishes and is intended for that purpose 'are replaced by the words" an article intended to come into contact with food' and the words "unless otherwise provided for in the directly applicable regulation of the European Communities' shall be added at the end of the second and third sentences.
42. In the second sentence of Article 26 (5), the words "and, where appropriate, the method of use of the substance 'shall be inserted after the words" and the manner of use of the substance' and the words "the method and scope of labelling must be complied with on the packaging of the finished product 'shall be replaced by the words" the method of use of the substance and the manner and extent of its marking on the packaging of the finished product'.
43. In Article 26, the following paragraphs 6 and 7 are inserted after paragraph 5:
"(6) The Ministry of Health shall inform the other Member States of the European Union and the Commission of the authorisations issued pursuant to paragraphs 4 and 5 within two months of the date of their enforcement. Before the expiry of the period for which authorisation has been granted, the Ministry of Health may submit an application to the Commission of the European Communities for inclusion in the list of authorised substances. The application shall indicate the documents on the basis of which it issued the authorisation. If the Commission of the European Communities does not comply with the application for inclusion in the list of authorised substances, the authorisations of the Ministry of Health issued in accordance with paragraphs 4 and 5 shall cease on the date on which the decision of the Commission of the European Communities was notified by the Ministry of Health to the manufacturer or importer referred to in paragraph 4. Where such a decision by the Commission of the European Communities and the use of a substance are concerned, the Ministry of Health shall proceed to determine the hazards of the product in accordance with Section 80 (6).
(7) An application under the directly applicable Regulation of the European Community27b) for the authorisation of a new substance not yet included in the list of substances whose use in the manufacture of materials and articles intended to come into contact with foodstuffs is permitted, as well as an application for an amendment to an authorisation issued under this directly applicable regulation of the European Communities, shall be submitted to the State Health Institute, established in Prague (§ 86 (2)). "
Paragraphs 6 to 8 shall be renumbered paragraphs 8 to 10.
44. in Paragraph 26 (10):
"(10) The hygiene requirements referred to in paragraphs 1 to 3 shall also apply to articles of ordinary use referred to in Paragraph 25 (d) offered as used. However, these articles of common use shall not be subject to the requirements referred to in paragraph 1 (b) of the part of the text behind the semicolon and point (d). Only products complying with these requirements may be sold to the consumer or offered by the distributor for commissioning (4a). '
45. In the title above Article 27, the words "manufacture and import of cosmetic products' are replaced by the words" development, production, placing on the market, distribution and import of cosmetic products' and the heading under Article 27 are deleted.
46. In the first sentence of Article 27 (1), the word "name 'is replaced by the word" firm' and at the end of the paragraph, the sentence "The competent public health authority is entitled to ensure the collection and provision of this information on substances contained in a cosmetic product by means of a legal entity established or an organisational body of the State '.
47. In Article 27 (2), the first sentence is replaced by the following: "For control purposes, the manufacturer or importer is required to store on the packaging of cosmetic products, 29b), to the extent provided for by implementing legislation29c). If these data are stored on the territory of the Czech Republic, they must be in the Czech language. However, the competent public health authority may, at the request of the manufacturer or importer, allow the dossier to be in another, understandable language. '
footnotes 29b and 29c are as follows:
"29b) § 2 (1) (a) of Decree No. 26 / 2001 Coll., on sanitary requirements for cosmetic products, on the particulars of the application for the non-inclusion of ingredients on the packaging of cosmetic products and on the requirements for the education and practice of a natural person responsible for the manufacture of cosmetic products (Cosmetic products decree), as amended by Decree No. 268 / 2001 Coll. and Decree No. 444 / 2004 Coll.
29c) § 3 of Decree No. 26 / 2001 Coll., as amended by Decree No. 444 / 2004 Coll. '
48. In Article 27, paragraph 3 is added, including footnotes 29d and 29e:
"(3) In addition, the manufacturer or importer shall, without prejudice to the protection of business secrets and intellectual property rights, ensure that information on the packaging of cosmetic products 29b) is readily available to the public at the address given under the implementing legislation on
(a) the qualitative composition of the cosmetic product; for perfumes and perfumes compositions, as well as composition, name, code number and suppliers,
(b) the quantitative composition as regards the content of hazardous chemical substances (29d); and
(c) the undesirable effects of a cosmetic product on natural persons resulting from the use of a cosmetic product;
easy public access to this data may be ensured by any means, including electronic 29e).
29d) Act No. 356 / 2003 Coll., on Chemicals and Chemicals and on the amendment of certain laws. Government Regulation No. 25 / 1999 Coll., laying down a procedure for the evaluation of the hazards of chemicals and chemical products, the method of classification and labelling and issuing a List of previously classified hazardous chemicals, as amended by Government Regulation No. 258 / 2001 Coll.
(29e) Directive 2003 / 15 / EC of the European Parliament and of the Council of 27 February 2003 amending Council Directive 76 / 768 / EEC on the approximation of the laws of the Member States relating to cosmetic products to technical progress. "
49. The heading under Section 28 is deleted.
50. In the first sentence of Article 28 (1), the words "or importer, if it is the first import of the final cosmetic product, 'shall be inserted after the words" final' and the words "final 'shall be inserted after the words" composition'.
51. In the first sentence of Article 28 (2), the words "or the importer referred to in paragraph 1 'shall be inserted after the words" on the packaging' and the words "final 'shall be added at the end of the paragraph, the words" Registration number shall be 7 digits, the first two digits shall indicate the year of authorisation, the second two digits shall be assigned to the Czech Republic as the Member State of the European Union and the last three digits shall be assigned by the competent public health authority.'.
52. In the second sentence of Article 28 (3), the words "or the importer referred to in paragraph 1 'shall be inserted after the word" producer' and the words "or the importer referred to in paragraph 1 'shall be inserted after the word" producer'.
53. In Paragraph 28 (4) of the Introductory Part of the provision, the words "or the importer referred to in paragraph 1 'and in point (b) are inserted after the word" name'.
54. In Article 28 (5), the words "or 'shall be deleted after the words" the protection of public health' shall be inserted after the words "the competent authority of the European Communities' and the words" the importer referred to in paragraph 1 'shall be inserted after the words "the manufacturer'.
55. The following Paragraph 28a is inserted after Paragraph 28:
(1) The Ministry of Health shall inform the other Member States of the European Union and the Commission of the decisions it has authorised not to include the ingredients in the final cosmetic product or to extend the validity of such decisions. In the information, the commercial firm of the applicant and its registered office, if it is a legal person or place of business, if it is a natural person authorised to do business, shall indicate the name of the cosmetic products containing the ingredient for which the non-inclusion in the labelling was authorised and the registration number referred to in Article 28 (2). At the request of the Commission of the European Communities or of a Member State of the European Union, the Ministry of Health shall send them a copy of the file material containing the request for confidentiality and decisions taken.
(2) Furthermore, the Ministry of Health shall inform the other Member States of the European Union and the Commission of the European Communities of its decisions rejecting an application pursuant to Article 28 (1) or withdrawing an authorisation pursuant to Article 28 (5).
(3) The Ministry of Health shall ensure that the data referred to in paragraphs 1 and 2 are not disclosed in an inadmissible manner. The public health authorities shall recognise decisions to allow the non-inclusion of cosmetic products or to extend the period of confidentiality of ingredients adopted by the competent authority of another Member State of the European Union. ';
56. The heading under Paragraph 29 is deleted.
57. In the first sentence of Article 29 (1), the word "final" shall be inserted after the word "safe 26a)," the word "final" shall be inserted after the word "final" and at the end of the paragraph the phrase "natural person with such competence shall also be designated by the importer who intends to place the imported final cosmetic product on the market."
58. Paragraph 29 (2) reads as follows:
"(2) The manufacturer or importer shall ensure that, before the final cosmetic product is placed on the market, its safety assessment for the health of natural persons is carried out. To this end, they shall take into account the general toxicological profile of the ingredients, their chemical structure and the level of exposure of natural persons; in particular, it shall take into account the specific exposure characteristics of the places to which the final cosmetic product will be applied and the specific exposure characteristics of the natural person population for which the final cosmetic product is intended. They must also carry out a specific assessment of the safety of final cosmetic products intended for children under the age of 3 and final cosmetic products intended exclusively for external intimate hygiene. The evaluation must be carried out according to the principles of good laboratory practice for testing chemical substances (30). The evaluation of the final cosmetic product may only be entrusted by the manufacturer or importer to a natural person who has completed his or her higher education in medicine, pharmacy or chemistry or in related fields and the focus on toxicology; This shall not apply if the manufacturer or importer is himself a natural person with such qualifications. ';
59. In Article 29, the following paragraph 3 is inserted after paragraph 2, including footnote 30a:
"(3) The recognition of professional qualifications or other competences acquired by nationals of the Czech Republic or of the Member States of the European Union or by their family members in another Member State of the European Union shall be governed by special legislation30a).
30a) Act No. 18 / 2004 Coll., on the recognition of professional qualifications and other qualifications of nationals of Member States of the European Union and amending certain laws (Act on the Recognition of Professional Qualifications), as amended. '
Paragraph 3 shall become paragraph 4.
60. In Article 29 (4), the first sentence is replaced by the following: "Where the same cosmetic product is manufactured in several places within the territory of the European Communities, the manufacturer may choose a single manufacturing site where the data on the safety assessment of the final cosmetic product will be kept to the extent provided for in implementing legislation29c. The manufacturer shall mark the place chosen in this way if requested for control purposes by the competent public health authority. The data must be easily accessible and, if it is the chosen place of the territory of the Czech Republic, it must be given in the Czech language. However, the competent public health authority may, at the request of the manufacturer, permit the documentation to be made available in another, comprehensible language. ';
61. In Article 29, paragraphs 5 and 6 are added, including footnote 29f:
"(5) The manufacturer or importer may make use of the possibility to indicate on the packaging of the final cosmetic product or in any document, note, label, ring or collar label accompanying the final cosmetic product, the fact that no animal experimentation has been carried out (29f) only if neither the manufacturer nor his suppliers have conducted or commissioned any animal experiments (29f) for the prototype of the cosmetic product, the final cosmetic product or its ingredients, nor have they used ingredients which have been tested on animals by third persons for the development of the new cosmetic products).
(6) The manufacturer, importer or distributor may not use texts, names, trade marks, pictures or symbols which attribute to the final cosmetic products properties which they do not possess when marking, advertising or offering for sale.
29f) Act No. 246 / 1992 Coll., to protect animals against abuse, as amended. '.
62. In the first sentence of Article 30 (3), the words "premises intended for agricultural purposes, forests' are replaced by" forestry and agricultural land 32b) ';
Footnote 32b reads:
"32b) Act No. 344 / 1992 Coll., on the cadastral property of the Czech Republic (cadastral law), as amended."
63. In Paragraph 31 (1), the sentence "This authorisation shall not be issued if the competent public health authority determines the mandatory conditions of operation of the source of noise or vibration for the operation of equipment under the Integrated Pollution Prevention and Control Act, the Integrated Pollution Register and the amendment of certain laws (Integrated Prevention Act) is to be added at the end. '
64. In the last sentence of Paragraph 31 (3), the words "decide to expropriate or, where appropriate, 'shall be deleted.
65. In Section 32, the words "for protected areas referred to in Section 3033c) 'shall be added at the end of the sentence.
footnote 33c reads:
"33c) Government Decree No. 502 / 2000 Coll., on the protection of health against adverse effects of noise and vibration, as amended by Government Decree No. 88 / 2004 Coll. '.
66. The following Section 32a is inserted after Section 32:
Only the holder of the accreditation certificate (4a) or the authorisation holder pursuant to § 83c may perform environmental noise measurements under this law. '
67.In Paragraph 37 (3) (c):
"(c) the results of the assessment of the exposure of natural persons performing the work in question to individual critical factors of working conditions in a characteristic shift;"
68. in Paragraph 37 (3), point (e) is deleted;
Points (f) to (h) shall be renumbered as points (e) to (g).
69. In Paragraph 37 (6), at the end of the dot, point (d) is replaced by the following:
"(d) that the work of the second category is no longer a risk within the meaning of Article 39 (1) of the Treaty."
70. In the second sentence of Paragraph 41 (1), the words "and whenever there is a change in working conditions likely to result in an increase in exposure to asbestos dust or dust from materials containing asbestos' shall be inserted after the words" starting work ', and at the end of the paragraph, the words "the obligation to report work with asbestos exposure according to the sentences of the first and the second employer does not have to work with isolated and short-term exposure of asbestos 33d). Work with isolated and short-term asbestos exposure and the procedure for determining the isolated and short-term asbestos exposure shall be adapted by implementing legislation.'.
Footnote 33d reads:
"33d) Directive of the European Parliament and of the Council of 27 March 2003 amending Council Directive 83 / 477 / EEC on the protection of workers from exposure to asbestos at work.";
71.In Paragraph 43, "(a) and (c) 'is replaced by" (b)';
72.In Paragraph 44a (8), "or 6 'is replaced by" or 7';
73. In the first sentence of Paragraph 44b (4), the words "or residence, if any, of a natural person who does not reside in the Czech Republic," shall be inserted after the words "Czech Republic."
74. In Paragraph 44b, the following paragraph 5 is inserted after paragraph 4, including footnote 35j:
"(5) The recognition of professional qualifications or other competences acquired by nationals of the Czech Republic or of the Member States of the European Union or by their family members in another Member State of the European Union shall be governed by special legislation30a). If the proficiency check committee only partially recognises the professional qualifications referred to in paragraph 4, the tenderer shall be entitled to take a difference test. In the case of a differential test, the applicant shall not be tested from those areas referred to in Implementing Legislation 35j) in which he has been recognised as having acquired the professional qualifications in accordance with the procedure described in the first sentence.
35j) Decree No. 428 / 2004 Coll., on obtaining competence to handle hazardous chemicals and chemical preparations classified as highly toxic. '
Paragraphs 5 and 6 shall become paragraphs 6 and 7.
75. In the first sentence of Paragraph 45 (1), the words "measures taken by public health authorities under this Act 'shall be replaced by the words" by the competent public health authority'.
76. In the second sentence of Paragraph 46 (1), the words "group of natural persons' are replaced by the words" natural persons'.
77.In Paragraph 47 (1) of the introductory part of the provision and in point (b), the number "5" is replaced by "7."
78. Paragraph 47 (4) is deleted.
79. In Paragraph 47a (1), the sentence "For persons located in health care institutions, social care institutions and similar establishments, the doctors of such establishments shall also carry out vaccination under this law."
80. In Paragraph 58 (1), the words "or otherwise has acquired expertise within the scope of implementing legislation 37c) shall be added at the end of the text of point (b). ';
Footnote 37c reads:
"37c) Decree No. 490 / 2000 Coll., on the extent of knowledge and other conditions for obtaining professional competence in certain fields of public health protection."
81. In Paragraph 58 (2), the words "or otherwise acquired expertise within the scope of implementing legislation 37c) shall be added at the end of the text of point (a)."
82. In Paragraph 58 (3), the words "or otherwise acquired expertise within the scope of implementing legislation 37c) shall be added at the end of the text of point (b)."
83. In the first sentence of Article 58 (5), the words "or a valid certificate of competence within the scope of paragraph 1 (c) 'shall be inserted after the words" paragraph 1 (b)' and the words "or a valid certificate of competence within the scope of paragraph 1 (c) 'shall be added at the end of the text of the paragraph.
84. In the first sentence of Paragraph 60 (2), the word "competent 'shall be deleted.
85. the following Section 60a is inserted after Section 60:
(1) The recognition of professional qualifications or other competences acquired by nationals of the Czech Republic or of the Member States of the European Union or by their family members in another Member State of the European Union shall be governed by special legislation30a).
(2) If the proficiency check panel only partially recognises the professional qualifications referred to in § 58 (1) to (4), the candidate shall be entitled to take a difference test.
(3) In the case of a differential examination, the tenderer shall not be tested in those areas referred to in implementing legislation37c) in which he has been recognised as having acquired professional qualifications in accordance with the procedure laid down in paragraph 1. Paragraph 60 shall apply mutatis mutandis. ';
86. In Paragraph 61 (5), the following sentence is added at the end: "This procedure is not covered by the administrative rules. The measure laying down specific conditions for the conduct of special protection disinfectant, disinfectant and exertification may be declared orally by the public health authority and recorded in writing. The person authorised to conduct special protection disinfectant, disinfectant and exeratization may object in writing to the measures of the competent public health authority within 24 hours of its delivery or oral notification. The submission of objections shall not have suspensory effect. The objections submitted shall be decided by the Director of the competent public health authority. On the basis of the objections, the measure shall amend or repeal the measure or reject it and confirm the measure. No appeal may be lodged against the decision on objections. '
87. After Paragraph 62, the following Section 62a is inserted:
Epidemiological inquiry
The competent public health authorities are authorised to conduct epidemiological investigations aimed in particular at verifying the diagnosis and detection of an outbreak (Section 65 (2)). Persons shall be obliged to inform the competent public health authority at its request of the circumstances relevant to the epidemiological investigation. ';
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Regulation Information
| Citation | Act No. 392 / 2005 Coll., amending Act No. 258 / 2000 Coll., on the Protection of Public Health and on the amendment of certain related laws, as amended, and certain other laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.09.2005 |
|---|---|
| Effective from | 27.09.2005 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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